Proposed Rule Changes Affecting EB1, EB2 & EB3.

[Poornimagaddam]

My I -140 is in process(applied on 4th Dec 2015) and L 1-B is maxing out by 4th Apr 2016. Do i get any benefit with the new rule? Can i continue my stay in US after 4th Apr 2016? Please suggest. Thanks

[Attorney_22]

Why is no one responding to this post ? It would be great if we can get some idea on this ?

Unfortunately there is not an established/required timeline. With some proposals the government may move fairly quickly after the comment period, however with many, it may take a very long time before a final rule is published after the comment period. 

[ariv_anand]

Unfortunately there is not an established/required timeline. With some proposals the government may move fairly quickly after the comment period, however with many, it may take a very long time before a final rule is published after the comment period. 

 

Thanks for your response. Lets keep our fingers crossed hoping to have this rule passed sooner.

[sarran]

Thank you very much for your response!

I have a question. Under the new proposed rule, Will the following scenario be an issue?

 

If I change to a new employer and the employer files a new Labor Application with different title/responsibilities (but SOC/O*NET codes are under same occupation group. for example :  15-1051.00 vs 15.1121.00 or 15.1141.00) than what I have in the existing Labor through previous employer, Would that still retain my existing priority date ?

 

If the above scenario happens before the proposed rules comes into action, will that be problematic?

 

Dear Attorney, May I have your input on this query ? Thank you!

[Attorney_22]

Dear Attorney, May I have your input on this query ? Thank you!

Priority date retention is not tied to the employment category. USCIS practice is that as long as the I-140 is not revoked for cause (fraud/misrepresentation) the priority date of an earlier application can be retained in a later filing. 

[Attorney_22]

My I -140 is in process(applied on 4th Dec 2015) and L 1-B is maxing out by 4th Apr 2016. Do i get any benefit with the new rule? Can i continue my stay in US after 4th Apr 2016? Please suggest. Thanks

I advise calling our office to discuss your situation. 

[ganeswam]

Hello, I have approved i-140. In case I leave my current employer and due to some other circumstances it doesnt work out with new employer. And I wish to come back to same(current) employer will I be able use same i-140 for gc process ? if this rule passes. Please advise. thank you in advance !

[ariv_anand]

I had a I140 from employer A that had the priority date of 10Feb2010. I switched to employed B on July2014 who has currently filed the PERM. In the mean time Employer A revoked the I140 on Sep2014.

Basically my I140 was in approved status for about 4 years.

 

Questions:

1. With this new rule, Can I retain my old priority date of 10Feb2010, when my new Employer B files the I140 ?

2. In the new proposed rule, it looks like after 180 days the I140 is not eligible for automatic revocation. In my case will USCIS consider my revoked I140 as not revoked since it was active for more that 180 days ?

[PND123]

My employer started my green card processing. Prevailing wage determination was completed by DOL and was approved. HR then started the recruitment process and submitted interview report to attorney. As per attorney, one candidate fulfilled the minimum requirements although he was rejected and not suitable for the job. The end result is our attorney will not submit the PERM and instructed to start the process again. I would like to know the options I have now and it would be very helpful if you can please respond to my below questions -

 

1. Can my employer restart the process and change the minimum job requirements for the same job title I have?

2. Do I need a promotion / change of title to start the process again?

3. What options I have to start this process soon and make it a successful application this time?

[roovin]

Hi Team,

 

GC was filled with Employer A on Jan 2011. My PD is Jan 2011 filled under EB3. Later I joined Employer B and came back to Employer A after 6 months with Employer B.

 

Now Employer A has again filled my GC under EB2 with same PD as my previous I-140 wasn't cancelled. I am still waiting for I-140 approval for second time.

 

In this scenario, my current employer (Employer A) is outsourcing all our stuff and we might loose job by third quarter of this year. So I am in confused state whether to change Job or wait for I-140 approval and wait for 6 months which would be close third quarter. 

 

Please suggest me on this.

[Poornimagaddam]

My I -140 is in process(applied on 4th Dec 2015) and L 1-B is maxing out by 4th Apr 2016. Do i get any benefit with the new rule? Can i continue my stay in US after 4th Apr 2016? Please suggest. Thanks

[Poornimagaddam]

Hi,

I am on L 1-B visa and maxing out by April 4th, 2016. My I-140 is also approved. What are the options i can continue my stay here?

 

Please help with some information.

[indiefriend]

I have been in US for last 9 years. I worked for Employer A during 2007-2012 as a Consulting Manager.

They had filed for PERM process under EB3 and my I-140 was approved in 2009. My PD is April,2008.

 

From 2012, I have joined another Employer B as a Senior Manager for Inhouse IT applications and now they are ready to file for GC in EB2. But, the prevailing wage rate is too high. This is causing an issue. The employer or the lawyers do not know how to tackle this situation. I am thinking that re-writing the Job description should help.

 

Can you pls provide some pointers?

 

Also, since I have joined the new Company B, I have had one H1 transfer and one H1 extension, and in both cases, it has been extended by 3 years. Does it mean that my previous employer A has not revoked the I-140? Can the PD be ported for the new GC processing?

 

Any answers would be greatly appreciated.

 

Thanks,